January 30, 2008, Introduced by Reps. Knollenberg, Dean, Moss, Hoogendyk, Shaffer, Palmer and Agema and referred to the Committee on Labor.
A bill to amend 1964 PA 154, entitled
"Minimum wage law of 1964,"
by amending section 14 (MCL 408.394), as amended by 2006 PA 373.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14. (1) This act does not apply to an employer who is
subject to the minimum wage provisions of the fair labor standards
act of 1938, 29 USC 201 to 219, unless those federal minimum wage
provisions would result in a lower minimum hourly wage than
provided in this act. Each of the following applies to an employer
who is subject to this act only by application of this subsection:
(a) Section 4a does not apply.
(b) This act does not apply to an employee who is exempt from
the minimum wage requirements of the fair labor standards act of
1938, 29 USC 201 to 219.
(2) Notwithstanding subsection (1), an employee shall be paid
in
accordance with the minimum wage and overtime compensation
requirements
of sections section 4 and 4a if the employee meets
either
of the following conditions:
(a)
Is is employed in domestic service employment to provide
companionship services as defined in 29 CFR 552.6 for individuals
who, because of age or infirmity, are unable to care for themselves
and is not a live-in domestic service employee as described in 29
CFR 552.102.
(3) (b)
Is Notwithstanding subsection
(1), an employee shall
be paid in accordance with the minimum wage and overtime
compensation requirements of sections 4 and 4a if the employee is
employed to provide child care, but is not a live-in domestic
service employee as described in 29 CFR 552.102. However, the
requirements of sections 4 and 4a do not apply if the employee
meets all of the following conditions:
(i) Is under the age of 18.
(ii) Provides services on a casual basis as described in 29 CFR
552.5.
(iii) Provides services that do not regularly exceed 20 hours
per week, in the aggregate.
(4) (3)
This act does not apply to persons
employed in summer
camps for not more than 4 months or to employees who are covered
under section 14 of the fair labor standards act of 1938, 29 USC
214.
(5) (4)
This act does not apply to
agricultural fruit growers,
pickle growers and tomato growers, or other agricultural employers
who traditionally contract for harvesting on a piecework basis, as
to those employees used for harvesting, until the board has
acquired sufficient data to determine an adequate basis to
establish a scale of piecework and determines a scale equivalent to
the prevailing minimum wage for that employment. The piece rate
scale shall be equivalent to the minimum hourly wage in that, if
the payment by unit of production is applied to a worker of average
ability and diligence in harvesting a particular commodity, he or
she receives an amount not less than the hourly minimum wage.
(6) (5)
Notwithstanding any other provision
of this act,
subsection
(1)(a) and (b) and subsection (2) do does not deprive an
employee or any class of employees of any right that existed on
September 30, 2006 to receive overtime compensation or to be paid
the minimum wage.